MUSKEGON COUNTY — With plans to build a new jail on hold, the Muskegon County board chairman says he fears the county is vulnerable to lawsuits over the facility's deteriorating condition.

Ken Mahoney said the federal government, the ACLU or another interest group could sue on the behalf of inmates, claiming the building is too crowded or in poor condition.

"I'm surprised no one has brought a lawsuit forward," he said.

"That's not to say a jail should be a nice place to be, but at some point you have to say, 'Wait a minute.' They have not been convicted. They're just being held until they go to trial."

The county board last week voted 7-3 to postpone asking voters to approve up to 1 mill of property taxes over 20 years to pay for a new jail and juvenile justice facility.

Chronicle/Ken StevensThe remains of the backed up drain where raw sewage came out on the evening of Feb. 5 in the custodial supply room in the basement of the Muskegon County Jail.

Commissioners said the timing wasn't right to pursue the $23 million project, given the current state of the economy.

Mahoney voted to remove the ballot initiative from consideration. He agreed with the commission's majority that the proposal would have been a hard sell with unemployment rising and a recession apparently worsening.

He said a simple renovation would not fix the problems; a totally new building is needed, he said.

Commissioner Lew Collins agreed that the potential exists for lawsuits against the county.

The biggest legal land mine is the fact that the jail is overpopulated, officials said.

"If they ever needed to evacuate that place in a hurry, they'd be in trouble. They're overcrowded every day," Collins said. "Anyone who has been through that facility agrees something needs to be done. Structurally, the building needs serious attention."

Collins voted to keep the proposal on the ballot. If the jail were ever condemned and shut down, Collins said it would be "very expensive" to house the inmates in other communities' jails.

"Let the people of Muskegon County decide if they want it," he said.

After the board's vote, Sheriff Dean Roesler said the jail can't continue to operate under current conditions for long. But Roesler said he understands why the board decided to put the project on hold.

Earlier this week, jail officials dealt with leaky pipes on the main floor.